The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
And this use of these words has been common in the English laws for
centuries. The term "freeman" is used in Magna Charta, (1215). The
English statutes abound with the terms, in reference to almost every
franchise or peculiar privilege, from the highest to the lowest, known
to the English laws. It would be perfectly proper, and in consonance
with the legal meaning and common understanding of the term, to say of
Victoria, that "she is free of the throne of England," and of a cobbler,
that he "is free of his trade in the city of London."
But the more common and important signification of the words is to
designate the _citizens_, native or naturalized, and those specially
entitled, as a matter of political and acknowledged right, to
participate in, or be protected by the government, as distinguished from
aliens, or persons attainted, or deprived of their political privileges
as members of the state. Thus they use the term "free British
subject"--"freeman of the realm," &c. In short, the terms, when used in
political papers, have a meaning very nearly, if not entirely
synonymous, with that which we, in this country, now give to the word
_citizen_.
But throughout the English law, and among all the variety of ways, in
which the words "free" and "freemen" are used, as _legal_ terms, they
are _never used as the correlatives, or opposites of slaves or
slavery_--and for the reason that they have in England no such persons
or institutions, known to their laws, as slaves or slavery. The use of
the words "free" and "freemen," therefore, do not in England at all
imply the existence of slaves or slavery.
This use of the words "free" and "freemen," which is common to the
English law, was introduced into this country at its first settlement,
in all, or very nearly all the colonial charters, patents, &c. and
continued in use, in this sense, until the time of the revolution; and,
of course, until the adoption of the first state constitutions.[15]
The persons and companies, to whom the colonial charters were granted,
and those who were afterwards to be admitted as their associates, were
described as "freemen of said colony," "freemen of said province,"
"freeman of said company," "freemen of the said company and body
politick," &c. (See charter of Rhode Island.)
Many, if not all the charters had a provision similar in substance to
the following in the charter to Rhode Island, viz:
Public-domain text, read in full here on John Shaqi.
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